CHIEF CONTROLLING REVENUE AUTHORITY Vs. GUJARAT BOROSIL LTD

JUDGEMENT

(1.) The appellants have preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent challenging the common judgment and order dated 16.02.2010 passed by the learned Single Judge in Special Civil Application No.4259 of 2007 and other allied matters.

(2.) The short facts are that the respondent herein executed a Memorandum of Entry (hereinafter referred to as 'the instrument' for short) dated 18th March 1993 by way of mortgage in favour of Financial Institutions/Banks. Before the execution of the instrument, the respondent made an application to appellant No.2 under Section 31 of the Bombay Stamp Act, 1958 (hereinafter referred to as 'the Act' for short) for adjudication of proper stamp duty leviable under the provisions of the Act. The appellant No.2 herein determined the stamp duty leviable at Rs.10,000/.

(3.) We have heard Mr. Kamal B. Trivedi, learned Advocate General assisted by Mr. Kashyap Pujara, learned Assistant Government Pleader for the appellants and Mr. B. H. Chatrapati, learned counsel for Singhi & Co. for the respondent.